Dying Man’s Blink Help Lead To Murder Verdict In Ohio: Victim Identified Suspect By Blinking His Eyes

A dying man’s eye blink was the key for authorities to fully determine that the suspect is guilty for shooting him. While the victim was paralyzed and hooked up to a ventilator, he blinked to confirm that the person in custody was indeed the man who shot him.

A jury convicted Ricardo Woods, 35, of murder and felonious assault for the death of David Chandler who was shot in Oct 28, 2010 as he sat in a car in Cincinatti.

Police interviewed the 35-year-old Chandler after he was shot in the head and neck, reports the Associated Press. He was only able to communicate with his eyes and died about two weeks later.

Woods had no visible reaction to the verdict on the third day of jury deliberations as it was read in Hamilton County Common Pleas Court. As he was being led to jail, however, he declared: “I’m innocent.” His sentencing is set for June 20 and he faces up to life in prison.

During the trial, jurors viewed the videotaped police interview that prosecutors say showed the victim blinking three times for “yes” to identify a photo of Woods as his shooter. The defense attempted to block the video, saying that Chandler’s blinks were inconsistent and unreliable.

Defense attorney Kory Jackson said Thursday that there would be an appeal on the verdict.

‘‘We’re disappointed in the verdict,’’ Jackson said. ‘‘We have said since the beginning that the video should not have been allowed into evidence.’’

Jocelyn Chess, the assistant county prosecutor said that with the verdict, justice has been served.

“They looked at all the evidence, and the evidence showed that Ricardo Woods was guilty,” Chess said.

Judge Beth Myers, who ruled that jurors could see the video, said Chandler’s identification was made by pronounced, exaggerated movement of the eyes, which in this case through him blinking it. A doctor who treated Chandler later testified that he’s able to communicate clearly about his health condition.

In the video, police had to repeat some questions when the dying victim failed to respond or when the number of times he blinked was unclear. But Chandler blinked his eyes hard three times when he was asked if the photo of the suspect was the photo of his shooter. He then again blinked thrice when they asked him if he was certain.

The defense insisted that Woods who was found guilty in the trial was a victim of misdentification and misinformation.

Legal experts say that such cases – where prosecutors attempt to show a defendant was identified by a gesture – are not unheard of but it is also rare and unusual. Dying identifications relying on gestures rather than words are often not used in trials because of concerns over reliability or difference in interpretations. But there have been instances which the identification have been used and it has ended in convictions.

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